A Restorative Justice Reader: Texts, Sources, and
Contexts
By Gerry Johnstone
2003. Portland: Willan Publishing.
ISBN: 1-903240-82-4. $69.95/ $37.50.
In A Restorative Justice Reader: Texts, Sources, and Contexts,
British law professor Gerry Johnstone has compiled a valuable 510-page
collection of international source material not just for newcomers, but
also for seasoned veterans in the so-called restorative justice movement.
For those not yet enlisted in this movement, Johnstone's reader offers
a reflective and resourceful glimpse into the substance (and ultimately
some of the missing pieces) of restorative justice theory and practice.
A major purpose of this volume is to provide readers who are interested
in learning about the nature and scope of restorative justice with access
to key, groundbreaking materials that are often difficult to locate because
documents are not readily available, books are out-of-print or too expensive,
or too little time exists to search for necessary volumes.
In the volume's opening pages, Johnstone describes restorative justice
with the phrases "an alternative to conventional ways of viewing
and responding to crime" and "a progressive alternative to the
increasing use of imprisonment." (p. ix) But he also acknowledges
that defining restorative justice is no easy matter, especially since
even restorative justice advocates differ among themselves about its goals
and objectives. According to Johnstone, all criminal justice interventions
should achieve certain outcomes, including crime prevention and reduced
recidivism. But restorative justice, he argues, has grander objectives,
including fairness and victim satisfaction, which are even harder to measure
than more standard objectives. Minimally, Johnstone adds, restorative
justice should be evaluated from the perspectives of empirical criminology
and penology, legal studies, ethics, psychology, sociology, and history.
A Restorative Justice Reader is divided into five parts, each of
which Johnstone introduces with concise descriptions of the contents of
different articles, plus engaging comments of his own on various points
made in these contributions. Overall, the volume contains 32 previously
published articles. Generally speaking, Johnstone takes defensive, supportive,
and at times naive stances toward restorative justice, but he is far from
averse at acknowledging the legitimacy, or even the intrigue, of critical
commentary. For him, restorative justice is neither a single nor a simple
concept. He accepts the need for realistic appraisal and the value of
critical engagement with the theoretical bases and the practice experiences
of restorative justice.
An introductory section on "Overviews and Early Inspirations"
consists of articles from Tony Marshall who provides an early overview
of restorative justice, Randy Barrett who establishes restorative justice
as a new paradigm of justice, Nils Christie who speaks of conflicts as
property, Howard Zehr who lays out basic differences between retributive
and restorative justice, and John Braithwaite who speculates about the
future impact of reintegrative shaming. The next section, "Background
Legacies and Frameworks," contains American, Canadian, German, and
New Zealand/Aotearoa studies by Harold J. Berman who examines Western
legal traditions, Elmar G.M. Weitekamp who offers a preliminary history
of restorative justice, Rupert Ross who reflects on Aboriginal teachings,
Robert Yazzie and James W. Zion who describe Navajo justice, Jim Consedine
who assesses Maori justice traditions, and Pierre Allard and Wayne Northey
who look into restorative justice aspects of Christianity. A third section
on variations, developments, and rationales in restorative justice practice
contains articles from Dean E. Peachey on "the Kitchener experiment"
(the first victim-offender mediation program in North America), Martin
Wright on doing justice without lawyers, Allison Morris and Gabrielle
Maxwell with an early evaluation report on family group conferences in
New Zealand, and David Moore, Terry O'Connell, Gordon Bazemore, and Mark
Umbreit on different models of restorative conferencing.
The fourth section of this volume, covering the use of restorative justice
in modern society, includes articles from Lode Walgrave on restorative
justice for juvenile offenders, Dan Van Ness on creating systems of restorative
justice, John Gehm on foregiveness, Heather Strang on restorative justice
for victims of young offenders, Paul McCold and Ben Wachtel on community
justice initiatives, Michael Schluter on relational justice, Adam Crawford
on public involvement and participation in restorative justice, and John
Braithwaite on research results pertaining to the effect and impact of
restorative justice.
In the fifth section, eight articles raise a series of critical issues
concerning aspects of the restorative justice movement's theoretical and
programmatic development. Kathleen Daly debunks misleading myths of restorative
justice, such as contrasts between retributive and restorative justice,
which she feels are oversimplified, especially in the light of emerging
accounts of restorative justice in practice. R.A. Duff argues not only
that differences between retributive and restorative justice are overstated,
but also that restorative justice is actually a model form of punishment.
Richard Young is critical of previous efforts to evaluate police-based
restorative justice initiatives, such as those in Canberra, Australia
and Bethlehem, Pennsylvania. Sharon Levant, Francis T. Cullen, Betsy Fulton,
and John F. Wozniak assess "conservative" and "liberal"
support for restorative justice and question its crime reduction potential,
particularly because of its distance from the "what works" literature.
In other articles, Andrew Ashworth wonders what happens when restorative
justice cannot handle particular cases and questions if victim interests
are being properly addressed in restorative justice practice. Barbara
Hudson addresses the matter of cases that involve racial, sexual, and
domestic violence. George Pavlich uses Derrida-derived concepts and techniques
to deconstruct restorative justice, which he feels disregards the assumptions
it needs to affirm its theoretical claims. Allison Morris responds to
critics of restorative justice, arguing that restorative justice should
be evaluated according to its own dimensions, not in response to the punishment-based
criteria it rejects.
Lastly, the volume includes appendices that reprint the Declaration
of Leuven on the Advisability of Promoting the Restorative Approach to
Juvenile Crime, the Restorative Justice Consortium's Statement
of Restorative Justice Principles, and the United Nation's Basic
Principles on the Use of Restorative Justice Programs in Criminal Matters.
The growth of restorative justice over the past twenty years has been
phenomenal. So much so that Johnstone asserts, correctly I think, that
"anybody interested in the future of crime policy and criminal justice
- indeed anybody interested in the development of more constructive forms
of conflict resolution and crime control - has to understand what it is
about." But being obligated to understand something does not mean
that such understanding is occurring or that those officials and others
in positions to affect program development or crime control policy are
even interested in such understanding.
Johnstone's reaction to the critical stances taken in these pages seems
benign enough, although a little innocent I think. He posits that myths,
whether misleading or not, are more politically attractive and may at
least serve the purpose of mobilizing action; broad support, even from
surprising quarters such as the police, serve to draw attention to the
concept's most interesting points; and, he adds, restorative justice programs
could be developed so that they include principles of effective correctional
programming. Overall, Johnstone is not alone in giving inadequate attention
to the political, socio-economic, and the program and policy development
contexts within which restorative justice emerges and expands, fades,
or drifts from its original intentions.
Restorative justice, as a field of study, requires more case studies on
the local level as well as state, regional, or national levels to assess
how restorative justice is raised as a policy concern, how policymakers
respond to it, and what occurs as a result of policy-based interest in
the concept. Evaluations of particular programs are always in short supply,
so it is easy to accept the need for more such studies. But programs are
implemented after much else has occurred and researchers must do a better
job at describing and assessing the preliminary, essential policy work
that is done before programs appear, especially on a more systematic basis.
In this sense, the case of New Zealand becomes even more important than
it is currently, because a whole literature (historical, legislative,
program development, and research documents) exists on the development
of family group conferences. Family group conferences, like many other
systemic reforms, did not simply emerge, but instead resulted from nearly
a decade's work [see Dale Parent's (1988) description of the development
of sentencing guidelines in Minnesota as a rare example of good scholarship
along these lines]. Unless we understand the full historical context of
New Zealand's commitment to family group conferences, we are unlikely
to fully appreciate the nature - and the potential - for such a measure
as it is transplanted from one jurisdiction to another. Similarly, if
we do not give more careful attention to the evolution of restorative
justice projects and policies, then we are susceptible to losing something
very important in the translation.
In the United States, this volume is available at discounted prices in
hard and soft covers from International Specialized Book Services, 5824
N.E. Hassalo St., Portland, OR 97213-3644, (503) 287-3093, (e-mail) info@isbs.com,
(website) www.isbs.com.
REFERENCES
Parent, D. (1988). Structuring Criminal Sentences: The Evolution of
Minnesota's Sentencing Guidelines. Boston, MA: Butterworth Legal Publishers.
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